I propose to take Questions Nos. 628, 668 and 669 together.
The Health Insurance (Amendment) Act 2012 was enacted last month. It delivers on the Government commitment to introduce a new Risk Equalisation Scheme from 1 January 2013. Under Section 11E of the Act, the Health Insurance Authority (HIA), as market regulator, is charged with evaluating and analysing all types of relevant contracts to be made available in the market. Where it is satisfied that a type of relevant contract does not provide for "advanced cover", the Authority shall specify by regulations, that the Authority is satisfied that this type of contract does not provide for such cover. After making such regulations, the Authority will enter the particulars of the relevant contract in the Register of Health Insurance Contracts.
Following consultation with the industry under the auspices of the Consultative Forum on Health Insurance, I introduced a number of amendments to the proposed Bill at Dáil Committee Stage. In order to allow the industry time to trade into the new Scheme, the legislation provided that the two stamp duty rates (and corresponding risk equalisation credits) would take effect from 31 March 2013. In addition, at the industry’s request, I made provision for an objective delineation between non-advanced and advanced cover. In relation to lower level products (providing cover mainly for public hospitals), in November last year, the HIA considered that there were 47 products that provided cover mainly in public hospitals. However, as then written, those products also provide some additional cover (e.g. full cover for some procedures or day case cover) which meant they did not comply with the definition of non-advanced cover.
The HIA had significant dialogue with all four health insurers in December 2012 in the run up to its determination at 1 January 2013 as to whether the products on sale at that time provided cover at advanced /non advanced level. These conversations included enquiries as to how it arrived at its decisions in December. I understand that the HIA has had further discussions with the industry and that it will continue to do so. Under the legislation a registered undertaking can: i, introduce new products at any time (subject to 30 days notice to the market regulator) or ii alter the benefits payable under an existing product (subject to 30 days notice, where the product has been available on the market for 60 days) with effect from 31 March in 2013 and 1 January of any subsequent year. By 31 March (when the split level of cover takes effect), the HIA expect a significant number of products will be at non-advanced level.